Marketing Freedom for Grain Farmers Act (S.C. 2011, c. 25)

Assented to 2011-12-15

Marginal note:1998, c. 17, ss. 32(1)(F) and (2)

 Paragraphs 118(g) and (g.1) of the Act are replaced by the following:

  • (g) providing for the acceptance of deliveries of grain in the interests of producers; and

R.S., c. F-4; 1993, c. 3, s. 2Farm Products Agencies Act

Marginal note:1993, c. 3, par. 13(b)(F)

 Subsection 16(1) of the Farm Products Agencies Act is replaced by the following:

Marginal note:Establishment of agencies
  • 16. (1) The Governor in Council may, by order, establish an agency with powers relating to any farm product or farm products the marketing of which in interprovincial and export trade is not regulated under the Canadian Dairy Commission Act if the Governor in Council is satisfied that a majority of the producers of the farm product or of each of the farm products in Canada is in favour of the establishment of an agency.

R.S., c. L-10Livestock Feed Assistance Act

Marginal note:1991, c. 38, s. 24(1)

 Paragraph 7(1)(a) of the Livestock Feed Assistance Act is replaced by the following:

  • (a) buy or enter into contracts or agreements for the purchase of feed grain;

R.S., c. P-18Prairie Grain Advance Payments Act

Marginal note:Repeal

 The Prairie Grain Advance Payments Act is repealed.

R.S., c. S-8Seeds Act

Marginal note:1988, c. 65, s. 144

 Section 4.1 of the Seeds Act is repealed.

Repeal

Marginal note:R.S., c. C-24

 The Canadian Wheat Board Act is repealed.

Coming into Force

Marginal note:Order in council

 This Part comes into force on a day to be fixed by order of the Governor in Council.

PART 3COMMERCIALIZATION OF THE CANADIAN WHEAT BOARD

Continuance

Marginal note:Definitions
  •  (1) The following definitions apply in this Part and in Parts 4 and 5.

    “board”

    « conseil »

    “board” means the board of directors of the Corporation as defined in subection 2(1) of the Canadian Wheat Board (Interim Operations) Act.

    “Corporation”

    « Commission »

    “Corporation” means the Canadian Wheat Board continued by subsection 4(1) of the Canadian Wheat Board (Interim Operations) Act.

    “Minister”

    « ministre »

    “Minister” means the Minister of Agriculture and Agri-Food.

  • Marginal note:Words and expressions

    (2) Unless it is otherwise provided, words and expressions used in this Part or in Part 4 or 5 have the same meaning as in the Canadian Wheat Board (Interim Operations) Act.

Marginal note:Submission to Minister
  •  (1) The Corporation must submit an application for continuance under one of the following Acts for the Minister’s approval:

  • Marginal note:Deadline

    (2) The application must be submitted to the Minister within four years, or any shorter period specified by the Minister, after the day on which this Part comes into force.

  • Marginal note:Submission to applicable authorities

    (3) Once the application has been approved by the Minister, the Corporation must submit the application to the applicable authorities under the relevant Act.

  • Marginal note:Application not invalid

    (4) The application is not invalid solely because the Corporation is incorporated by an Act of Parliament.

Marginal note:Restriction

 The Corporation is not entitled to apply for continuance in another jurisdiction.

Coming into Force

Marginal note:Simultaneous coming into force

 This Part comes into force on the day on which Part 2 comes into force.

Ceasing to Have Effect

Marginal note:Ceasing to have effect

 This Part ceases to have effect on the day on which Part 4 applies.

PART 4DISSOLUTION OF THE CANADIAN WHEAT BOARD

Application

Marginal note:Application of Part

 This Part applies only if the Corporation is not continued under Part 3 within five years, or any shorter period specified by the Governor in Council, after the day on which that Part comes into force.

Final Pool Period

Marginal note:Final pool period
  •  (1) The Minister must, by order, in respect of each grain, designate one or more pool periods set by the Corporation under section 27 of the Canadian Wheat Board (Interim Operations) Act as a final pool period for the purposes of winding up the Corporation.

  • Marginal note:Final payment

    (2) The Corporation must make all payments due under subsection 29(3) of the Canadian Wheat Board (Interim Operations) Act in respect of the final pool period before winding up the Corporation under section 48.

  • Marginal note:Exercising powers

    (3) After the end of the final pool period, the Corporation may exercise its powers under the Canadian Wheat Board (Interim Operations) Act only for the purpose of administering that pool period and winding up the Corporation.

Distribution of Assets

Marginal note:Distribution of property
  •  (1) The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and the charges, costs and expenses incurred in winding-up its affairs.

  • Marginal note:Clarification

    (2) For greater certainty, the contingency fund established under subsection 18(1) of the Canadian Wheat Board (Interim Operations) Act forms part of the property of the Corporation.

Marginal note:Deadline for claims
  •  (1) The Minister may fix a date by which all claims against the Corporation are to be submitted to the Corporation and must publish a notice of that date in the Canada Gazette at least 60 days before that date.

  • Marginal note:Failure to submit

    (2) Any claim against the Corporation that is not submitted in accordance with subsection (1) is void.

Marginal note:Winding-up expenses

 All charges, costs and expenses properly incurred in the winding-up of the Corporation, including the remuneration of any liquidator appointed under section 52, are payable out of the assets of the Corporation, in priority to all other claims.

Marginal note:Surplus
  •  (1) Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.

  • Marginal note:Unsatisfied debts and liabilities

    (2) Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of Her Majesty in right of Canada.

Appointment of Liquidator

Marginal note:Appointment

 If the Minister considers it necessary to fully carry out the purpose of this Part, the Minister may appoint a liquidator, who is to hold office during pleasure, to administer the final pool period and wind up the Corporation.

Marginal note:Powers, duties and functions

 On appointment of a liquidator,

  • (a) the president, chairperson and other directors cease to hold their respective offices and the liquidator may exercise all of the powers and perform all the duties and functions of the Corporation; and

  • (b) the by-laws made under section 9 of the Canadian Wheat Board (Interim Operations) Act are deemed to be revoked.

Marginal note:Refusal to honour

 The liquidator may refuse to honour any gratuitous contract, or conveyance or contract without consideration or with a merely nominal consideration, respecting either real or personal property or immovables or movables, made by the Corporation before the appointment of the liquidator.

Dissolution Date

Marginal note:Dissolution

 The Corporation is dissolved on a day fixed by order of the Governor in Council.

 
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